Prosecution Insights
Last updated: April 19, 2026
Application No. 18/205,166

METHOD AND APPARATUS FOR DETECTING CARGO IN CONTAINER IMAGE USING CONTAINER WALL BACKGROUND REMOVAL

Final Rejection §102
Filed
Jun 02, 2023
Examiner
PERLMAN, DAVID S
Art Unit
2673
Tech Center
2600 — Communications
Assignee
ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE
OA Round
3 (Final)
80%
Grant Probability
Favorable
4-5
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
427 granted / 531 resolved
+18.4% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
12 currently pending
Career history
543
Total Applications
across all art units

Statute-Specific Performance

§101
9.3%
-30.7% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 531 resolved cases

Office Action

§102
DETAILED ACTION Response to Arguments Applicant’s arguments with respect to claims 1 and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Interpretation The 35 U.S.C. 112(f) interpretation of claims 12-20 has been withdrawn. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng (“A vehicle threat detection system using correlation analysis and synthesized X-ray images”) Regarding claim 1, Zheng discloses, a method of detecting cargo in a container image, the method comprising: (See Zheng p. 1, 2nd para, “In this paper, we present a vehicle threat detection system that works together with the available X-ray imaging systems, which can automatically detect and locate abnormal goods hidden in a vehicle.”) receiving a backscatter X-ray target container image captured on a target container, (See Zhang p. 4, 2nd para, “In a real application, the X-ray images are acquired via real-time vehicle scanning, which will be processed and used as probe images.” Further see Zheng p. 4, 5th para, “Denoising is necessary for the backscatter X-ray images (see Fig. 4b, c, d).”) wherein the backscatter X-ray target container image includes backscatter signals reflected from a container wall of the target container and backscatter signals reflected from a cargo inside the container wall; (See Zheng, Fig 3b, c, d, and Fig. 4b, c, d, which show the backscatter image of a truck walls and from the cargo inside the truck.) acquiring a backscatter X-ray empty target container wall image of an empty container that corresponds to the target container (See Zheng p. 6, 2nd para, “The standard database operations are to store, retrieve, replace, delete the gallery images. … One set of unloaded (empty) vehicle (each set has four view images).”) and a capturing condition of the backscatter X-ray target container image, (See Zheng p. 6 2nd para, “The gallery mages are indexed by the VIN and plate number.”) wherein the backscatter X-ray empty target container wall image includes the backscatter signals reflected from the container wall of the target container without accommodating the cargo therein; (The empty vehicles would be the similar to the Fig. 3 b, c, d, backscatter X-ray images but without the cargo.) generating a difference image by removing a wall background caused by backscatter reflection from the container wall based on the backscatter X-ray target container image and the backscatter X-ray empty target container wall image; (See Zheng p. 6 last para, “A differential image is obtained by subtracting a probe image from the corresponding (aligned) gallery image, which will highlight the difference for visual analysis. The differential images can be obtained for all four view images (shown in Fig. 3) and also for the fused images (FG shown in Fig. 4b). Subtracting the unloaded-vehicle image from the loaded-vehicle image will simply suppress the vehicle components.”) and detecting the cargo included in the target container based on the difference image. (See Zheng p. 7 2nd para, “The anomalies are automatically detected with the correlation analysis between two temporally aligned images from side view and/or from top view. The locations of detected anomalies can be marked with small rectangles on the X-ray images.”) Regarding claim 12, Zheng discloses, an apparatus for detecting cargo in a container image, (See Zheng p. 1, 2nd para, “In this paper, we present a vehicle threat detection system that works together with the available X-ray imaging systems, which can automatically detect and locate abnormal goods hidden in a vehicle.”) the apparatus comprising: a memory storing at least one instruction; and a processor configured to execute the at least one instruction stored in the memory, wherein the at least one instruction, when executed by the processor, causes the processor to (See Zheng p. 8, 4th para, The purpose of image presentation on LCD monitors is to verify the computer-made decision.” Wherein the computer will inherently contain memory, a processor, and instructions stored on the memory.) receive a backscatter X-ray target container image captured on a target container, (See Zhang p. 4, 2nd para, “In a real application, the X-ray images are acquired via real-time vehicle scanning, which will be processed and used as probe images.” Further see Zheng p. 4, 5th para, “Denoising is necessary for the backscatter X-ray images (see Fig. 4b, c, d).”) wherein the backscatter X-ray target container image includes backscatter signals reflected from a container wall of the target container and backscatter signals reflected from a cargo inside the container wall; (See Zheng, Fig 3b, c, d, and Fig. 4b, c, d, which show the backscatter image of a truck walls and from the cargo inside the truck.) acquire a backscatter X-ray empty target container wall image of an empty container that corresponds to the target container (See Zheng p. 6, 2nd para, “The standard database operations are to store, retrieve, replace, delete the gallery images. … One set of unloaded (empty) vehicle (each set has four view images).”) and a capturing condition of the backscatter X-ray target container image, (See Zheng p. 6 2nd para, “The gallery mages are indexed by the VIN and plate number.”) wherein the backscatter X-ray empty target container wall image includes the backscatter signals reflected from the container wall of the target container without accommodating the cargo therein; (The empty vehicles would be the similar to the Fig. 3 b, c, d, backscatter X-ray images but without the cargo.) generate a difference image by removing a wall background caused by backscatter reflection from the container wall based on the backscatter X-ray target container image and the backscatter X-ray empty target container wall image; (See Zheng p. 6 last para, “A differential image is obtained by subtracting a probe image from the corresponding (aligned) gallery image, which will highlight the difference for visual analysis. The differential images can be obtained for all four view images (shown in Fig. 3) and also for the fused images (FG shown in Fig. 4b). Subtracting the unloaded-vehicle image from the loaded-vehicle image will simply suppress the vehicle components.”) andnd para, “The anomalies are automatically detected with the correlation analysis between two temporally aligned images from side view and/or from top view. The locations of detected anomalies can be marked with small rectangles on the X-ray images.”) Allowable Subject Matter Claim 11 is allowed. The following is an examiner’s statement of reasons for allowance: Regarding claim 11, a method of detecting cargo in a container image, the method comprising: receiving a backscatter X-ray target container image captured on a target container and a phantom installed at a preset location; acquiring a backscatter X-ray empty target container wall image of an empty container that corresponds to the target container, the phantom, and a capturing condition of the backscatter X-ray target container image; correcting the backscatter X-ray empty target container wall image using image information of the phantom included in the backscatter X-ray target container image and image information of the phantom included in the backscatter X-ray empty target container wall image; generating a difference image, in which a wall background of the target container is removed, using the backscatter X-ray target container image and the corrected backscatter X-ray empty target container wall image; and detecting cargo included in the target container based on the difference image. (As shown in the rejection of claims 1 and 12, the disclosed reference of Zheng does not disclose the limitations of this claim involving a phantom.) Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Claim 2-11 and 13-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 2, the method of claim 1, wherein: the receiving includes additionally receiving the photographing condition including a geometric condition between the target container and an X-ray source and a geometric condition between the target container and an X-ray detector; and the acquiring of the backscatter X-ray empty target container wall image includes acquiring, as the backscatter X-ray empty target container wall image, an empty container wall image corresponding to information about the target container and the received capturing condition among empty container wall images that are pre-constructed for container information and each capturing condition. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 4, the method of claim 1, wherein the acquiring of the backscatter X-ray empty target container wall image includes: acquiring information about the target container and the capturing condition using artificial intelligence of a pre-trained model that uses the backscatter X-ray target container image as an input; and acquiring the backscatter X-ray empty target container wall image corresponding to the information about the target container and the capturing condition. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 5, the method of claim 1, wherein: the receiving includes receiving the backscatter X-ray target container image including the target container and a phantom installed in advance; the generating of the difference image includes correcting the backscatter X- ray target container image using image information of the phantom included in the backscatter X-ray target container image and image information of the phantom constructed in advance, and generating the difference image using the corrected backscatter X-ray target container image and the backscatter X-ray empty target container wall image. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 8, the method of claim 1, wherein the acquiring of the backscatter X-ray empty target container wall image includes, when the backscatter X-ray empty target container wall image corresponding to the target container and the capturing condition is not present, searching for at least two empty container wall images that are most similar to the target container and the capturing condition among empty container wall images that are pre-constructed for container information and each capturing condition, and generating and acquiring the backscatter X-ray empty target container wall image corresponding to the target container and the capturing condition using the at least two empty container wall images. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 9, the method of claim 1, wherein the receiving includes receiving a first backscatter X-ray target container image and a second backscatter X-ray target container image captured on the target container at a first wavelength and a second wavelength, respectively, the acquiring of the backscatter X-ray empty target container wall image includes acquiring a first backscatter X-ray empty target container wall image corresponding to the target container and a capturing condition of the first backscatter X- ray target container image, and a second backscatter X-ray empty target container wall image corresponding to the target container and a capturing condition of the second backscatter X-ray target container image, the generating of the difference image includes generating a first difference image of the first backscatter X-ray target container image and the first backscatter X-ray empty target container wall image and a second difference image of the second backscatter X-ray target container image and the second backscatter X-ray empty target container wall image, and the detecting of the cargo includes detecting the cargo based on the first difference image and the second difference image. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 10, the method of claim 1, wherein the receiving includes receiving a first backscatter X-ray target container image and a second backscatter X-ray target container image captured on the target container at a first wavelength and a second wavelength, respectively, the acquiring of the backscatter X-ray empty target container wall image includes generating a third backscatter X-ray target container image of a third wavelength that is closest to the first wavelength and the second wavelength based on the first backscatter X-ray target container image and the second backscatter X-ray target container image, and acquiring a third backscatter X-ray empty target container wall image corresponding to the target container and a capturing condition including the third wavelength among pre-constructed empty container wall images, the generating of the difference image includes generating a third difference image of the third backscatter X-ray target container image and the third backscatter X- ray empty target container wall image, and the detecting of the cargo includes detecting the cargo based on the third difference image. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 15, the apparatus of claim 12, wherein the processor acquires information about the target container and the capturing condition using artificial intelligence of a pre-trained model that uses the backscatter X- ray target container image as an input, and acquires the backscatter X-ray empty target container wall image corresponding to the information about the target container and the capturing condition. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 16, the apparatus of claim 12, wherein the processor: receives the backscatter X-ray target container image including the target container and a phantom installed in advance, and corrects the backscatter X-ray target container image using image information of the phantom included in the backscatter X-ray target container image and image information of the phantom constructed in advance, and generates the difference image using the corrected backscatter X-ray target container image and the backscatter X-ray empty target container wall image. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 18, the apparatus of claim 12, wherein the processor when the backscatter X-ray empty target container wall image corresponding to the target container and the capturing condition is not present, searches for at least two empty container wall images that are most similar to the target container and the capturing condition among empty container wall images pre-constructed for container information and each capturing condition, and generates and acquires the backscatter X-ray empty target container wall image corresponding to the target container and the capturing condition using the at least two empty container wall images. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claim 19, the apparatus of claim 12, wherein the processor: receives a first backscatter X-ray target container image and a second backscatter X-ray target container image captured on the target container at a first wavelength and a second wavelength, respectively, Regarding claim 20, the apparatus of claim 12, wherein the processor: receives a first backscatter X-ray target container image and a second backscatter X-ray target container image captured on the target container at a first wavelength and a second wavelength, respectively,a third wavelength that is closest to the first wavelength and the second wavelength based on the first backscatter X-ray target container image and the second backscatter X- ray target container image, and acquires a third backscatter X-ray empty target container wall image corresponding to the target container and a capturing condition including the third wavelength among pre-constructed empty container wall images, generates a third difference image of the third backscatter X-ray target container image and the third backscatter X-ray empty target container wall image, an detects the cargo based on the third difference image. (The disclosed prior art of record fails to disclose the limitations of this claim.) Regarding claims 3, 6-7, 13-14, and 17, these claims are objected to since they depend from objected to claims. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID PERLMAN whose telephone number is (571) 270-1417. The examiner can normally be reached on Monday - Friday; 10:00am -6:30pm. Examiner interviews are available via telephone and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chineyere Wills-Burns can be reached at (571) 272-9752. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000. /DAVID PERLMAN/Primary Examiner, Art Unit 2673
Read full office action

Prosecution Timeline

Jun 02, 2023
Application Filed
Jun 10, 2025
Non-Final Rejection — §102
Sep 09, 2025
Response Filed
Nov 17, 2025
Non-Final Rejection — §102
Feb 10, 2026
Response Filed
Mar 07, 2026
Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.9%)
2y 8m
Median Time to Grant
High
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